LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Paraguay

1 .What role does the government of Paraguay play in approving and regulating foreign direct investment?

The government of Paraguay welcomes foreign investment in various sectors of the economy and has created a number of incentives to attract foreign investment. However, it does not play a direct role in approving and regulating foreign direct investment, except where these investments were subject to any of the special regimes for tax incentives, etc. which will be detailed in the questions below.

Main areas in which investment is needed and encouraged are banking and finance, infrastructure, real estate, capital markets, maquila and agribusiness.

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& THE CARIBBEAN
A Legal Guide for Business
Investment and Expansion
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PARAGUAY
FIRM PROFILE:
PERONI SOSA
TELLECHEA
BURT & NARVAJA
Peroni Sosa Tellechea Burt & Narvaja (PSTBN) is
one of the largest firms in Paraguay, established
in 1968. PSTBN has been an active participant in
legal innovation in Paraguay, advising the government
on development strategies, working closely with
the Congress to enact new legislation, and taking
active part in university education.
PSTBN offers a broad range of legal services for
clients from renowned professionals. The firm’s
specialization includes: mergers and acquisitions,
real estate, foreign investment, maritime and
aviation, logistics infrastructure, project financing,
antitrust, telecommunications, banking and inter-
national finance, mineral and oil exploration projects,
labor relations, general civil litigation, taxation,
environmental law, counseling before local
government agencies and legislative bodies,
maquila projects, distribution agreements, franchising
and licensing agreements and intellectual property
matters.
Representation before courts of law and adminis-
trative governmental agencies is an important
activity of PSTBN, as plaintiffs or defendants in
several landmark civil and commercial cases.
PSTBN prides itself for keeping its tradition in
the practice of law, providing personal attention
to clients with great involvement from all partners.
CONTACT:
GUILLERMO PERONI
guillermo.peroni@pstbn.com.py
FRANCISCO PERONI CLIFTON
francisco.peroni@pstbn.com.py
+ 595 21 319 9100
www.pstbn.com.py
LA C
•
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LAC: A Legal Guide for Business Investment and Expansion PERONI SOSA TELLECHEA BURT & NARVAJA PARAGUAY
1. What role does the
government of Paraguay play
in approving and regulating
foreign direct investment?
The government of Paraguay
welcomes foreign investment in
various sectors of the economy and
has created a number of incentives to
attract foreign investment. However, it
does not play a direct role in approving
and regulating foreign direct investment,
except where these investments were
subject to any of the special regimes
for tax incentives, etc. which will be
detailed in the questions below.
Main areas in which investment is
needed and encouraged are banking
and finance, infrastructure, real estate,
capital markets, maquila and
agribusiness.
2. Can foreign investors
conduct business in
Paraguay without a local
partner? If so, how does
the Paraguayan government
regulate commercial joint
ventures between foreign
investors and local firms?
Foreign investors can conduct
business in Paraguay without a local
partner and they in fact do very often.
The most common way of structuring
it is through the incorporation of a
local company, whether in the form of
a Sociedad Ano´nima or Sociedad de
Responsabilidad Limitada, or the
creation of a branch office, which
we will refer to in detail below. The
foreign entity and the local partner
can agree on the shareholding each
will have in the company; there are no
limitations to that extent.
SOCIEDAD ANÓNIMA
There are no minimum capital stock
requirements for SA or a maximum
number of shareholders (there must
be a minimum of two) and their
participation in the company is
represented by shares. Their liability
is limited to the amount of their
shareholding. The capital stock must
be completely subscribed at the
moment of incorporation. The process
of incorporation takes from 45 to 60
days approximately. Administrative
and legal fees pertaining to the
incorporation of an SA depend on
its capital stock, but the minimum is
generally at USD300. Share purchase
agreements of an SA are not subject
to the Value Added Tax.
SOCIEDAD DE
RESPONSABILIDAD LIMITADA
Incorporation process of a SRL is the
same as for an SA. An SRL can be
incorporated by two or more
partners, but a maximum of twenty-
five, and their participation in the
company is represented by
quotas. There are no minimum capital
requirements but it must be fully
subscribed at the incorporation and a
minimum 50% of the contributions in
cash must be effectively paid-in in a
two-year term following incorporation.
The balance of the capital stock can
be contributed in goods or assets,
which will have to be transferred to
the SRL Incorporation takes from 45
to 60 days approximately. As for an
SA, administrative and legal fees
pertaining to the incorporation
depend on its capital stock, but the
minimum is generally at USD300.
BRANCHES
Foreign companies can incorporate a
local branch in Paraguay. Branches are
subject to all applicable legal
provisions, such as publication of the
bylaws in a local newspaper and
registration of the document in the
Public Records. Estimated time for
incorporation and administrative
and legal fees are similar to those
estimated for SA and SRL. In order
to incorporate a local branch, the
following requirements must be met:
(i) incorporate a representative
domiciled within Paraguay,
(ii) evidence that the company has
been duly incorporated pursuant to
the laws of its country of origin,
(iii) justify the intention to open a
branch, the capital stock allocated to
it, and where applicable, appointment
of representatives. All documents
issued in the country of origin must
be duly certified by a notary public
and legalized or apostilled. The branch
must comply with all applicable tax
regulations and will be subject to
control by the Ministry of Finance.
Branches are subject to Income Tax
at a 10% rate on the benefits obtained
locally, and an additional 5% on
remittance of profit to shareholders.
If profits are remitted abroad for
foreign shareholders or mother
companies, an additional tax of 15%
will be applicable.
3. What laws influence the
relationship between local
agents and distributors and
foreign companies?
Law No. 194/93 governs relationship
between foreign companies and firms
(collectively, “Principal”) and local
representatives, agents and distributors
(collectively, “Dealer”) in Paraguay.
Parties may freely regulate their rights
by contracts governed by Civil Code,
but waiver of rights recognized by
Law 194/93 is not allowed.
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PARAGUAY PERONI SOSA TELLECHEA BURT & NARVAJA LAC: A Legal Guide for Business Investment and Expansion
Principal may cancel, revoke, amend or
refuse to renew representation, agency
or distributorship, without statement
of cause, but with an obligation in such
case to pay Dealer a minimum compen-
sation pursuant to following criteria: a)
duration of relationship; b) average
gross benefits derived from relationship
during last three years of activity.
Representation, agency or distributor
relationship may be cancelled, revoked,
amended or not renewed for just
cause, without obligation to pay
compensation for following reasons:
a) noncompliance of contract clauses;
b) fraud or breach of trust on part of
Dealer; c) inability or negligence of
Dealer in sale of products or services;
d) continued reduction of sales or
distribution of products or services
for reasons attributable to Dealer,
except if caused by quotas or restric-
tions on imports and sales, fortuitous
events or force majeure; e) any act
attributable to Dealer that affects or
prejudices marketing, sale, or distribu-
tion of products or services; f)
conflict of interest due to the
representation, agency or distribution
of products or services that may be in
competition with the products or
services contemplated by relationship.
Prior to termination, Principal shall
require Dealer to cure the cause
invoked within a term of 120 days.
Non compliance by Dealer allows
Principal to exercise its rights
immediately. Curing period is not
required if termination is related to
fraud or breach.
Stated causes shall be proved before
Paraguayan courts or by arbitration if
thus agreed; otherwise, cancellation,
revocation, amendment or refusal to
renew shall be deemed to be unjustified.
Parties shall submit to the territorial
jurisdiction of the courts of Paraguay.
They may compromise in all patrimonial
matters or submit to arbitration
before or after suit is filed, provided
that no judgment shall have been
issued.
4. How does the Paraguayan
government regulate
proposed merger and
acquisition activities by
foreign investors and are
there any areas of the
economy where they are
prohibited (e.g., natural
resources, energy or
telecommunications)?
As a general rule, the Paraguayan
government does not specifically
regulate mergers and acquisitions, and
there are no limitations as to areas of
the economy. No areas are reserved
to Paraguayan investors only, given
that the Investment Law grants
foreign investors that same capacity
and rights as local investors.
With regard to mergers and
acquisitions, our legislation does
regulate their function and set some
requirements. There are two alternatives
of merger under Paraguayan law: (i)
Merger by absorption and (ii) Merger
by the creation of a new company.
Limitations for mergers are set forth
by Competition and Antitrust Law
No. 4956/13. Mergers will be subject
to notification, assessment and
approval, conditional or not, or
rejection by the Enforcement
Authority (CONACOM), where at
least one of the two following
circumstances apply:
a) As a result of the operation being
acquired or being assessed a fee equal
to or greater than 45% of the national
market of a particular product or
service, or a geographic market
defined therein; or
b) The overall gross turnover in
Paraguay of all participants subject to
a merger exceeds in its last financial
year the amount of 100,000 minimum
monthly wages.
5. How do labor statutes
regulate the treatment
of local employees and
expatriate workers?
Labor statutes do not regulate
treatment of local employees and
expatriate workers differently. The
only difference is when the foreign
employee does not have the
Paraguayan permanent resident or a
Paraguayan I.D. card. In that case, the
employer and the employee will enter
into a Deferred Execution
Employment Agreement, which fixes
a term within which the employee
will have to obtain the necessary
documentation. Parties agree
that once this is accomplished, a
new employment agreement will
be executed, but the employment
relationship will begin with execution
of the first agreement.
The agreement must be registered
before the Institute of Public Welfare
for the employee to have the
mandatory social security coverage.
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LAC: A Legal Guide for Business Investment and Expansion PERONI SOSA TELLECHEA BURT & NARVAJA PARAGUAY
6. How do local banks and
government regulators deal
with the treatment and
conversion of local currency,
repatriation of funds overseas,
letters of credit, and other
basic financial transactions?
The financial system in Paraguay is
regulated by the Central Bank of
Paraguay.
Banks and other financial entities
work freely in the market, with no
restrictions on interest rates or in the
use of funds. Currently is it possible
to make deposits and obtain loans in
both local and foreign currency.
There is a system of free and fluctuating
exchange in Paraguay, without the
intervention of monetary authorities.
Currency and exchange rates are the
result of free circulation of offer and
demand, for both import and export
of goods and services as well as for
the movement of capital, including
financial and public payment.
There are no restrictions for incoming
and outgoing foreign currency, or the
sums involved.
However, in the framework of regula-
tions governing money laundering, all
transfers for more than USD100.000
must be duly justified and supported,
as well as unusual transactions.
There is no obligation to report
financial activity with other countries
to monetary authorities.
Capital markets are rather small, given
that most of the companies operating
in the country are closed or foreign.
As a result of the creation of legal
instruments to increase the number
of listed companies, it has in fact
increased.
Supervision of capital markets is
exercised by the National Securities
Commission.
7. What types of taxes, duties,
and levies should a foreign
investor in Paraguay expect
to encounter?
In Paraguay, corporate entities are
levied with taxes, such as income,
capital and consumption tax,
depending on the economic activities
they carry out. In this chapter they
will be briefly explained, to help
readers get to know and understand
the influence of each of them on
different transactions, and the income
generated by them.
Administration and application of
Tax Law 125/91 and its amendments
by Law 2421/2004 falls to the
Undersecretary of Taxes (“Sub-
Secretaria de Estado de Tributación”),
and Ministry of Finance (“Ministerio
de Hacienda”).
The income tax is imposed on
income generated from a Paraguayan
source which may be generated from
commercial, industrial or agricultural
activities and services; thus, it is
subdivided into four categories,
depending on the economic activity of
the company, the volume of revenue,
and whether the derived income is
purely personal, which applies
exclusively to individuals and
partnerships.
Corporate income tax levies all
income from Paraguayan sources
derived or earned from commercial,
manufacturing or service activities
other than personal services. The tax
rate for IRACIS is 10%. Distribution of
net profits to owners, shareholders or
partners is subject to 5% additional tax.
Dividends paid abroad or credited to
head offices, partners or shareholders
distributed by branches, agencies, or
businesses located in Paraguay are
subject to 15% additional income tax.
Taxpayers are considered to be all of
the individual businesses, partnerships,
associations, corporations and other
private businesses; government-
owned enterprises, decentralized
government corporations, and mixed
capital corporations; branches,
agencies or businesses owned by
foreign corporations. Corporations
incorporated overseas shall pay tax
on income paid or accredited to them,
as shall individuals applying capital
resources and personal labor jointly,
for the purpose of obtaining economic
income, except those involving strictly
personal services or those engaged
in farming, corporations, when
performing the same activities as
other commercial/industrial
companies.
Beneficiaries of Paraguayan-sourced
income domiciled abroad are subject
to withholding tax, separately from
their local branch or agency.
The property tax (Impuesto
Inmobiliario) is the only tax that
can be qualified as a “patrimonial tax”.
It is applied exclusively to real estate
property located in national territory,
and taxpayers are owners or users
thereof. When ownership is shared,
tax is paid by any one of the owners.
The tax base is a fiscal valuation of
real estate as set by the National
Survey Service. The tax rate for the
property tax is 1% of fiscal value per
year, reduced by 50% in case of rural
properties under five hectares, in
areas utilised for small-scale farming,
and rural properties with approved
forestation/reforestation program,
under Law 536/94.
Value-Added Tax (VAT)
(Impuesto al Valor Agregado)
is one of the consumption taxes and it
is applicable to transfer of property
7 |
PARAGUAY PERONI SOSA TELLECHEA BURT & NARVAJA LAC: A Legal Guide for Business Investment and Expansion
or goods from one person or
company to another; and rendering of
personal services and importation of
goods. Excluded are personal services
performed under employment.
Taxpayers of this tax are individuals
providing personal services when
their gross income in the previous
year exceeded an average of one
minimum monthly wage; cooperatives;
individual businesses engaged in
commercial, manufacturing or services
businesses; partnerships and private
entities in general; independent
government entities, government
enterprises and decentralised agencies
engaged in businesses; importers of
goods; nonprofit organisations
(NGOs) when performing commercial/
industrial services/activities, subject
to Business Income Tax; and insurance
services, when they assume risks
produced in Paraguay, and the goods
or the people are located or residing
in the country at the moment when
the contract is signed.
All sales of goods and services in
Paraguay are taxable, whether it is in
case of technical assistance when used
or profited from in the country; in
case of assignment of rights or lease
of goods, when used within national
territory; or in case of insurance and
reinsurance when they cover risks
within the country or when goods or
persons covered are situated in, or
residents of, the country.
The tax rate for VAT is 5% for assign-
ment of rights of use of goods; 5% for
transfer of real estate; maximum of
5% for sales of basic alimentary goods;
5% on interests, commissions and
charges for loans; 5% for sales of
pharmaceutical products; and 10% for
the rest (the general tax rate is 10%).
TAX EXEMPTIONS
Law No. 60/90 establishes
incentives to encourage economic
development, promote growth in
production of goods and services,
create employment opportunities,
generate exports and substitute
imports utilizing national resources,
and incorporate efficient technology
for increased and better use of
national raw materials, labor and energy
resources. Legal and fiscal framework
allows national and foreign investors,
without discrimination, to formulate
investment projects, facilitating their
full operational productivity.
Investment projects enjoy the
following benefits:
1. Total exemption from all taxes
applicable to constitution, recording
and registration of corporations and
companies;
2. Total exemption from all taxes and
charges applicable to foreign
exchange transactions arising out of
capital contributions or operations
contemplated in investment project;
3. Total exemption from customs
duties and similar taxes, including
specific Internal Revenue levies on
imports of capital goods;
4. Total exemption from all taxes and
other levies on remittance of
interest and fees related to foreign
loans, during entire term of loan,
provided that loans are at least
USD5 million, and lenders are well
known financial institutions;
5. Total exemption from all taxes
applicable to dividends and profits
generated by investment project for
maximum term of ten years, provided
that investment be superior to
USD5 million, and taxes paid in
Paraguay cannot be considered tax
credit in country origin of
investment.
Rights acquired by beneficiaries under
the law are irrevocable, provided
corresponding obligations are met.
The Maquila Regime is regulated
by Law 1064/97, inspired in the
Mexican Maquiladora System, by
which a local company/subsidiary/
branch (“Maquiladora”) signs a
contract with a foreign entity
(“Matriz”) to produce goods and/or
provide services for export only,
operating “for account and risk of”
the foreign entity, who can supply all
the raw materials and other inputs to
the Maquiladora from any local or
foreign supplier.
The Maquiladora must file an application
for a “Maquila Program” with details
of the estimated operation. Once the
program is approved it can be
modified as necessary.
Raw materials and other inputs
required for the performance of the
Maquila Program can enter
Paraguayan territory with suspension
of all the applicable taxes and duties;
a guarantee for a value equal to the
suspended taxes will be required by
Customs Authority in the form of
insurance policies, warrants, or bank
guaranties.
Production under this regime is
subject to a 1% tax on the value
added in Paraguayan territory, with
no other applicable taxes.
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LAC: A Legal Guide for Business Investment and Expansion PERONI SOSA TELLECHEA BURT & NARVAJA PARAGUAY
Fiscal exemptions extend to the
following taxes: Income tax; Value
Added Tax; Customs Duties; Customs
Valuation Tax; Consular duties; Port
and Airport taxes and duties; any type
of tax, rate or charge that pertains to
guarantees issued to companies using
the Maquiladora System; any type of
tax, rate or charge applied to loans
financing Maquiladora operations;
any taxes that might be placed on
remittances of funds related to the
Maquiladora System.
8. How comprehensive are
the intellectual property laws
of Paraguay, and do the local
courts and tribunals enforce
these laws regardless of the
nationality of the parties?
Paraguay has in place a comprehensive
set of intellectual property laws that
protect the rights relating to literary
and artistic works; performances of
performing artists, phonograms and
broadcasts; inventions in all fields of
human endeavor; industrial designs;
trademark, service marks and
commercial names and designations;
and protection against unfair competi-
tion. These laws are enforceable by
local courts and tribunals regardless
of the nationality of the parties. The
Paraguayan Intellectual Property
Office (DINAPI) has quasi-judicial
functions in the administration of
industrial property systems.
Furthermore, civil actions for infringe-
ment are available, as well as actions
against serious criminal offenses of
counterfeiting and piracy. Criminal
sanctions include both fines and
imprisonment.
Free Zone Regimes is a duly
delimited area with regard to the
customs territory, where commercial,
industrial and service agreements are
permitted, free of customs fees or taxes.
In these areas, investors are exempted
of all taxes on import of capital goods
destined for infrastructure in the Free
Zone; Value-Added Tax on services
rendered to other users; all taxes on
the port facilities provided to users;
and on payment of professional fees,
interests, remuneration for services,
technical assistance, transfer of
technology, loans and financing, lease
of equipment and other services
provided by third countries.
9. If a commercial dispute
arises, will local courts or will
international arbitration offer
a more beneficial forum for
dispute resolution to foreign
investors?
It would depend largely on the matter
in dispute.
In general, arbitration will offer a
more beneficial forum, considering
some of its inherent characteristics
compared to some lengthier
procedures before local courts.
Parties are free to decide mutually on
the forum where to resolve disputes.
Pursuant to the novel Law No.
5393/2015, parties are also free to
decide on the applicable law to inter-
national commercial agreements and
can choose foreign law as applicable,
with a number of express exceptions
set forth in Article1 (employment
agreements, distribution, agency and
representation agreements, franchise
agreements and consumption
agreements).
There are also certain matters under
which, should any dispute arise, it
would have to be submitted to local
courts or local arbitration, such as
disputes under the Distribution,
Agency and Representation Law
No. 194/93. Case law has established
that any controversy or conflict
under these types of agreements
must be exclusively submitted to the
jurisdiction of Paraguayan tribunals
and subsidiarity, an arbitration
procedure in Paraguay before the
Paraguayan Arbitration Institution
(CAMP).
10. What advice can you
provide for how best
to negotiate or conduct
business in Paraguay?
In the first place, it is advisable to
research and focus on sectors for
investment that are currently in the
spotlight and growing at a fast pace,
such as the agribusiness sector.
In terms of deals, Paraguay is highly
globalized and negotiations are
conducted on the same level as
negotiations worldwide. There are
no differences in negotiations in
Paraguay and internationally.
We recommend foreign investors or
companies looking to establish and
conduct business in Paraguay seek
reliable professional advice to structure
the transaction and to follow up on
the project.
Peroni Sosa Tellechea Burt & Narvaja
(PSTBN) is a full-service firm with
more than 40 years of experience in
the Paraguayan market, dealing mainly
with international clients.
9 |
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To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.

Your Rights

Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.

Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.

Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

Improve the user experience on our Website and Services;

Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;

Track anonymous site usage; and

Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

"Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).

"Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.

"Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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